GUILTY UT - Michele MacNeill, 50, found dead in bathtub, Pleasant Grove, 11 April 2007 - #1

[Chelly]

Hearing on a stipulation....anyone hear what that was about?

Now foundation for the child testimony.,

That Bra and shirt had been cut.

 

[CUCKOOHEAD]

Issues of witness credibility is a matter for the jury alone - it would be highly improper to exclude a witness completely from testifying based on the defense's assertion that her testimony is not reliable.

From your head to that judge's noggin. IMO this defense has not proven to me that Ada's testimony has been tainted. If the defense believes this isn't it something they can question the witness about to try to prove it during testimony?

 

[CUCKOOHEAD]

The defense is saying they can show that she has been tainted. So why isn't he telling us right now?

 

[popsicle]

From your head to that judge's noggin. IMO this defense has not proven to me that Ada's testimony has been tainted. If the defense believes this isn't it something they can question the witness about to try to prove it during testimony?

He said taint and tainted dozens of times. That didn't convince you? :lol:

 

[Chelly]

Judge and defense and prosecution continue discussion in open court on whether Ada will testify.

 

[minor4th]

From your head to that judge's noggin. IMO this defense has not proven to me that Ada's testimony has been tainted. If the defense believes this isn't it something they can question the witness about to try to prove it during testimony?

Yes.

I didn't hear the beginning of the defense argument, but as far as I can tell there is no evidence that Ada was tainted -- their argument is only that the circumstances were present for Ada's memory/testimony to be influenced, but no evidence that it actually was.

 

[minor4th]

The defense is saying they can show that she has been tainted. So why isn't he telling us right now?

Because he's lying? This would be the time to present that evidence.

 

[CUCKOOHEAD]

He said taint and tainted dozens of times. That didn't convince you? :lol:

:floorlaugh: That didn't but now he is going on and on about 'potential taint'. I am getting wobbly. I need a cold, tainted with booze, drink. Thank you!

 

[gngr~snap]

Based on what I have heard & IMO cause of death is drowning. * why did 3 ME's say heart? *
Clearly she was breathing when she entered the water.
No signs that he held her down or that she fought.
I haven't seen the toxicology report. I'm not convinced he didn't use something else that wasn't tested for.
Like insulin? Or some other drug that would incapacitate her quickly ...
He sure wanted her buried fast.
Maybe his lawyer /doctor status did help him somewhat???
Why wasn't the house roped off as a possible crime scene?
Seems really ODD that it wasn't.
In light of him over ACTING and making the emergency personnel uncomfortable.
Was that done to make them
all want to get the heck out of dodge?
He was screaming about why she took meds and the EMT's didn't ask for them not even the police?

Sigh I guess she was beyond help before 911 was ever called.
If they thought possuble OD
I wonder if she was given narcan.?

Docs white coat may very well have saved him THAT DAY.
Had he been able to bully Alexis he'd be walking free right now!

All moo

* I need to do my homework tonight huh?
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[Chelly]

Sounds like the judge is leaning towards not permitting Ada to testify.

 

[Ina Cognito]

Oooo so serious suddenly lol I cannot take this guy seriously, just can't :floorlaugh: "We can't show taint" :floorlaugh:

 

[minor4th]

I think the fact that Ada remembers jogging pants, and no one else does, is evidence that her testimony is not tainted or influenced by other witnesses. Even if she was wrong about Michele having jogging pants on, she has stuck to that (as far as I know).

 

[minor4th]

An "unreliable" interviewer does not necessarily create an "unreliable" child witness.

Question: Did Ada change her testimony in major ways between the CJC interview and the preliminary hearing?

 

[aa9511]

sheesh....why didn't the detectives just interview Ada? I don't understand this....why would they have Alexis interview her in the first place? Even I know that's not good police-work....sheesh, they could have avoided this whole problem if they had just done it themselves....

 

[Ina Cognito]

sheesh....why didn't the detectives just interview Ada? I don't understand this....why would they have Alexis interview her in the first place? Even I know that's not good police-work....sheesh, they could have avoided this whole problem if they had just done it themselves....

I think because they were not seeing it as a homicide investigation originally, they were just gathering information for a report.

 

[CUCKOOHEAD]

Sounds like the judge is leaning towards not permitting Ada to testify.

That would not surprise me with this judge but I can't see how he would justify it. Tainted bs.

 

[gngr~snap]

Again why wasn't Ada interviewed immediately after her mother died?

Why the delay!
LE never thought that it "might " be murder?

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[popsicle]

Ty Judge.. credibility vs reliability.. what?

 

[Chelly]

In this hearing, Defense is questioning credibility and reliability of Ada as potential witness. It seems to me if the testimony of Rachel was allowed, then the testimony of Ada would also be allowed.

 

[minor4th]

sheesh....why didn't the detectives just interview Ada? I don't understand this....why would they have Alexis interview her in the first place? Even I know that's not good police-work....sheesh, they could have avoided this whole problem if they had just done it themselves....

The defense would still be trying to exclude her testimony because the police are not specifically trained to interview children